Your Rights

Use, Peace & Privacy in a Flat

Everyone wants to be able to use their home in peace and privacy. This can be a bit complicated when the house belongs to someone else. If you’re renting, then you and your landlord both have some rights to use, peace and privacy of the property. Your landlord has to let you use the place reasonably and not prevent you from enjoying it. They also can’t come in whenever they want without your permission, but there are certain situations when you do have to let them come into the house.

These restrictions are contained in the Residential Tenancies Act. They always apply unless you’re not a tenant under the Residential Tenancies Act. It doesn’t matter if less generous terms are in your tenancy agreement, these will still apply.

Clauses in a Tenancy Agreement banning smoking (of smoked tobacco products) indoors, except for in outbuildings, are enforceable in the Tenancy Tribunal. However, if landlords wish to ban smoking anywhere else on the property (including outbuildings), the ban must align with the parties’ other rights and responsibilities under the Residential Tenancies Act (including the tenant’s right to quiet enjoyment).

What are my rights and responsibilities to peaceful use of the property?

Your landlord has to make sure that you can use the property in peace. This matter might come up if the landlord has other tenants living next to you. The landlord has to make sure the other tenants don’t disturb you or stop you being able to enjoy your house. That means that you also have to be careful not to disturb other tenants around you too.

Your landlord also can’t just come onto the property whenever they want. Generally, they have to get your permission and let you know in advance when they’re coming. There are some exceptions during emergencies, inspections maintenance and house selling.

Can my landlord come to the property during emergencies?

If there’s an emergency, the landlord is allowed to come into the property without telling you. For example, if something in the house catches on fire, they could come in to do something about it.

Can my landlord come for an inspection?

Your landlord is allowed to come onto the property to check that you’re keeping it in good condition. This is called a flat inspection. If your landlord wants to do a flat inspection, they have to give you at least 48 hours (2 days) notice and must happen between 8am-7pm. They can’t do inspections too often, either. They’re only allowed to inspect the property a maximum of once every 4 weeks.

Can my landlord come for repairs or maintenance?

You have to let your landlord come onto the property if they need to fix something. They have to tell you that they’re coming at least 24 hours beforehand and they can’t just show up in the middle of the night. They have to come between 8am and 7pm.

My landlord is planning to sell the house and wants to show around the house to people – should I let them in?

If your landlord wants to sell the house you’re living in, they’ll need to let you know in writing. Sometimes, they might want to bring people through to have a look at it. If a landlord wants to take a real estate agent or possible buyer through the house, they should negotiate with you. You can’t unreasonably refuse access, but you can set reasonable conditions, like visiting hours, not allowing open homes, asking to be present, or asking for enough notice to put away your personal belongings first.